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HomeMy WebLinkAbout1994-08-16 Legal Documents FORM I COVENANT 1 94 i September 28 19 N. AndoverMA KNOW ALL MEN by these presents that the undersigned has i application dated April 21 , 1994 _, to the NORTH. submitted an approval a Definitive Plan of a ANDOVER PLANNING BOARD for subdivision of land entitled: Jerad Place_ - Phase III ; plan by: Thomas E. Neve A*ssociateos, �n by• o ert anusz , dated: Apri > > , address: 40 Sunset Rock Road Andover MA 01810 land located: Off Forest Street and Candlestick Road and showing Nine . proposed _ lots. The undersigned has Board* to approve such plan without requested the Planning , requiring a performance bond. Rev. 9 21 IN CONSIDERATION of said Planning Board of NORTH quirinn is ,+ the county of ESSEX approving said plan without reequirg performance bond, the undersigned hereby covenants and agrees with the inhabitants of the town as follows: , *owner in fee simple That ' the i 999` 1. undersigned is the }, absolute of all the land included in the subdivision CJt } and that there are no mortgages of record or otherwise at on any land, except for those describelbed dand hto the present holders of said mortgages have the this contract prior to its execution by undersigned. all must sin. *If there is more than ner or hi s agent of record i "Applicantp may be an ow must sign the covenant. 2 . That the undersigned will not sell or convey any lot in the subdivision or erect or place any permanent building on any lot until the construction of the ways and installation of municipal services necessary to adequately serve such lot has been completed in s accordance with the covenants, conditions, agreements, n terms and provisions as specified in the following: LA a. The Application for Approval of Definitive Plan . ; ca '. (Form C) . b. The Subdivision Control Law and the Planning ETt Board' s Rules and Regulations governing this subdivision. ��� 1 of 5 "` FORM J LOT RELEASE The undersigned, being a majority of the Planning Board of the Town of North Andover, Massachusetts, hereby certify that: a. The requirements for the construction of ways and municipal services called for the Performance Bond or Surety and dated , 19 and/or by the Covenant dated 5'eptember 28 , 19 9_ and recorded in District Deeds, Book 4208 , Page 68 and ; xg44( registered in North Essex Land Registry District as Document No. 60510 and noted on Certificate of Title No. 12151 in Registration Book 92 , Page 241 has been completed/partially completed, to the satisfaction of the Planning Board to adequately serve the enumerated lots shown on Plan entitled It ,7erad P1anP - Phase III" Section (s) , Sheets Plan dated April 22 , 1994 recorded by the North Essex Registry of Deeds, Plan 12544 , ;car and registered in said Land Registry District, Plan Zmx& , Plan 32062E , and said lots are hereby released from the restriction as to sale and building specified thereon. Lots designated on said Plan as follows: (Lot Number (s) and street(s) ) Tnts 1 . 2 . and 18U on Plan g12544 ; and T.n -, 12 . 11 , 14 , 15 , 16 , and 18 on Plan #32062E all on qun4P Rnck Road, North Andover, MA b. (To be attested by a Registered - Land Surveyor) 16 ,and 18 I hereby certify that lot number (s) 1 , 2 , 18U, 12 , 13 , 14 , 15 , on Sun-,et- Rnc,k Rnad , Nnrth Anrinszp Jr, Mn Street(s) do conform to layout as shown on Definitive Plan entitled " JPrad P1 ac'P - Phaca TTT" Section Sheet(s) " .Re ed Land Surveyor ZeV-3— 1 of 2 C. The Town of North Andover, a municipal corporation situated in the County of Essex, Commonwealth of Massachusetts, acting by its duly organized Planning Board, holder of a Performance Bond or Surety dated , 19 , and/or Covenant dated September 28 , , 1994 from Robert & Clare Janusz of the City/Town of Andover Essex , County, Massachusetts recorded with the North Essex District Deeds, Book 4208 , Page 68 and, xir registered in Land Registry District as Document No. 60510 and noted on Certificate of Title No. 12159 , in Registration Book, 92 Page 241 , acknowledges satisfaction of the terms thereof and hereby releases its right, title and interest in the lots designated on said plan as follows: Lots 1 , 2 , and 18U on Plan #12544 and Lots 12 , 13 , 14 , 15 , 16 , and 18 on Plan #32062E. EXECUTED as a sealed instrument this day of July 19 95 Majority of the Planning Board G% of the Town of (.Xx 4 LG/ ^ � North Andover COMMONWEALTH OF MASSACHUSETTS ss July , 1995.— Then personally appeared Q4V, of the above members of the Planning oard of the Town of UNorth Andover, Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me. Notary Publ io AkT calw1baim A*1-11 lane 24,a9J7 My Commission Expires 2 of 2 4 !. FORM M t CONVEYANCE OF EASEMENTS AND UTILITIES /Andover Robert J. Janusz ,(name ofowner)of 40 Sunset Rock Rd. , Essex ,(address) County, Massachusetts; for the consideration of 1 e an hereby grants, transfers and delivers unto the Town of North Andover, a municipal corporation in ssex County; the following: A. The perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever maintain (1) a sanitary sewer or sewers with any manholes, pipes, conduits and other appurtenances, (2) pipes, conduits and their appurtenances for the conveyance of water, and (3) a covered surface and ground water drain or drains with any manholes, pipes, conduits and their appurtenances, and to do all other acts incidental to the foregoing, including the right to pass along and over the land for the aforesaid purposes, in, through, and under the whole of Jerad Place-PhaselITdated 4/22/94 revised 9/2X94said plan is made and said plan is incorporated herein for a complete and detailed description of said roads. B. The perpetual rights and easements to use for access to (describe use/purpose) the following parcel of land situated on S un s e t R oe k Road (Street) in said Town of North Andover and bounded and described as follows: Being the street and way Sunset Rock Road located in North Andover, Essex County, Cf( Massachusetts , as shown on a plan of land entitled "Planned- Residential Development Jerad Place - Phase III -located in North Andover, Massachusetts" prepared by Thomas E. Neve Associates , Inc . dated April 22 , 1994 and revised September 21 , 1.994 . The grantor warrants that the aforesaid easements are free and clear of all liens or encumbrances, that he (it) has good title to transfer the same, and that he will defend the same against claims of all persons. Jerad Place II Development Corp. For grantor's title see deed from dated 9/30 1992 , and recorded i,Fssex Nor thDistrict Registry of Deeds, Book 3560 , Page 31 and -,-� or under Certificate of Title Nol1036 ,registered in Essex NorthDistrict of the Land Court, Book 91 , Page 149 This is not a homestead property. To be completed if a mortgage exists: `n And White Birch Construction, Inc. the present holder en of a mortgage on the above described land which mortgage is dated 9/1 9 , 19 94 and recorded in said Deeds,Book 91 ,Page 14 for consideration paid,hereby releases unto the Town forever from the operation of s ' intgages, the rights and easements herein above granted and assents thereto. (Tt e�4 1 si atu o 4ortgag Owner obert anus IN \ESS WHEREOF we have hereto set our hands and seas this 28th day of •� September 119 94 .7 o _ m �0 y C t - �_V_) k L QUITCLAIM DEED Paul St. Hilaire, Trustee of Summer Trust, u/d/t dated October 9, 1984, recorded at Book 1879,Page 298, a certified copy of which is filed as Document No. 59710, of 66 Spring Hill Road, North Andover,Essex County, Massachusetts grants to The Inhabitants of the Town of North Andover, Massachusetts,Town Hall, North Andover, Essex County, Massachusetts WITH QUITCLAIM COVENANTS The land in North Andover, Essex County, Massachusetts described as follows: Lot 14 on Plan#41886E, drawn by Christiansen &Sergi, Professional engineers, Land Surveyors, dated January 24, 1994, filed in the Land Registration Office. This conveyance is made subject to the following: 1. Special Permit granted by the North Andover Planning Board as Document No. 59673. 2. Subject to the 50'buffer-zone, no-cut line, as shown on said plan. Being a portion of the same premises conveyed to Grantor by deed recorded at the Essex North District Registry of Deeds, Land Registration Office as Document No. 59711 and noted on Certificate of Title No. 12035 at Book 91,Page 145. By signing of this Deed, Paul St.Hilaire certifies that he is the only Trustee of the Grantor Trust,that the Trust is in full force and effect ithout unrecorded amendment,and he has been directed and authorized by all of the beneficiaries of the Trust to make the ithin conweyance on the terms and conditions stated herein. Witness my hand and seal this day of December, 1996. Summer Trust Paul St. Hilaire, Trustee COMMONWEALTH OF MASSACHUSETTS ESSEX, SS December , 1996 Then personally appeared the above named Paul St. Hilaire, and acknowledged the foregoing instrument to be his free act and deed, before me, Notary Public My Commission Expires: RF/SUMMERTMEED2D